The High Court Saved Raphael Tuju, Preventing His Arrest

Former Cabinet Minister Raphael Tuju has been granted an early bail of Ksh 200,000 after his arrest, following an urgent request by his lawyer
Judge Martin Muya ruled that Tuju’s detention violated his constitutional rights, ordering the matter to be heard again on April 7
Tuju’s family had previously claimed that she was abducted before re-emerging, with the court confirming the case as urgent against police authorities and prosecution.

Former Cabinet Minister Raphael Tuju he got a big legal relief after the High Court granted him an advance bail of KSh 200,000 following his sudden arrest.

Former Minister Raphael Tuju has been admitted to The Karen Hospital. Photo: Kalonzo Musyoka.
Source: UGC

The orders were issued by Judge Martin Muya after Tuju, through his lawyer Gregg Ndege, filed an urgent application to prevent his arrest and continued detention by the police.

Delivering the ruling, Judge Muya ordered that “the applicants be admitted to an advance bail of Ksh 200,000 (two lakhs) with one surety each or cash bail of the same amount,” adding that the case will be mentioned for further directions on April 7.

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In court documents, Tuju’s legal team said that the conditions of his detention were illegal and violated his constitutional rights.

“The petitioners state that the continued presence and control of the police over him at Karen Hospital is inhumane, unjust, and in violation of his rights to dignity, freedom, and medical care,” the petition states.

Ndege pleaded with the court to grant temporary relief, telling the judge: “That it is in the interest of justice that the Court be pleased to allow the applicant to obtain suitable bail conditions pending the hearing of this application and/or the charge by the Respondent.”

He further warned that failure to grant the orders would be detrimental to his client, saying: “Unless the orders requested are granted here, his client will face serious prejudice. I confirm the urgency of this.”

The court confirmed the matter as urgent and ordered that the petition be presented to the defendants, who include the Inspector General of Police, the Director of Criminal Investigation (DCI), and the Director of Public Prosecutions (DPP).

Tuju was arrested on Monday evening at his home in Karen, shortly after he resurfaced after being reported missing for 36 hours in what his family had described as an alleged kidnapping.

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The case will be mentioned on April 7 for further instructions.

Meanwhile, the President William Ruto he talked about Tuju’s situation, noting that his partners were lying to him.

Tuju, who was reported missing on March 21, reappeared two days later, saying he had gone into hiding after realizing he was being followed.

His reappearance contradicted the alleged abduction, and the Directorate of Criminal Investigation later accused him of orchestrating the incident to gain sympathy during a dispute with the East African Development Bank over a major asset in Karen.

Leaders of the opposition, led by Kalonzo Musyokaaccused the government of torturing Tuju, but President Ruto downplayed their involvement, saying that Tuju’s political allies were exploiting his problems for their own benefit instead of providing real help.

He blamed them for lying to Tuju, dragging the name of the former president Uhuru Kenyatta in the saga, and using the situation for political advantage instead of helping him protect his property and move forward.